HomeMy WebLinkAbout11174-24 Ordinance Establishing a Merit Board System Governing the South Bend Fire Department ORDINANCE No .
11174-2 y
Passed by the Common Council of the City of South Bend, Indiana
January 13, 25
20
Attest: J. 0' City Clerk
Bianca L. Tirado
Attest: . )- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 14, 20 25
iv0A;AP) ! . k . 11° City Clerk
Bianca L. Tirado
Approved and signed by me J6I*14 7 1 s/ 20 25
AA1 Mayor
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SUBSTITUTE BILL NO. 74-24
ORDINANCE NO. 11174-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ESTABLISHING A MERIT BOARD SYSTEM GOVERNING
THE SOUTH BEND FIRE DEPARTMENT
STATEMENT OF PURPOSE AND INTENT
The power of selection, appointment, promotion, demotion, disciplinary action, and
dismissal of members of the City of South Bend Fire Department has historically been delegated
to the Board of Public Safety.
Following the enactment of I.C. 36-8-3.5 et seq., Fire Departments in Indiana are
required to establish a Merit Board for the purposes of selection, appointment, promotion,
demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
Department.
If a merit system under I.C. 36-8-3.5 et seq. is not established or rejected by December
31, 2024 by the agreement of the active members of the Fire Department and the City of South
Bend, a merit system under I.C. 36-8-3.5 is established on January 1, 2025, as set forth in I.C.
36-8-3.5-5.5(f).
A merit system established under I.C. 36-8-3.5-5.5(f)must still be established by an
ordinance adopted by the legislative body of the municipality adopting the applicable provisions.
As a merit system is not expected to be established for the South Bend Fire Department
under either I.C. 36-8-3.5 or I.C. 36-1-4-14 on or before December 31, 2024, this ordinance is
intended to establish a merit system as set forth in I.C. 36-8-3.5-5.5(f).
NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The foregoing Recitals are incorporated herein by this reference.
SECTION II. Chapter 2, Article 5, Section 2-63, entitled "Fire Department Merit System", is
hereby added to the South Bend City Code and shall read as follows:
"Sec. 2-63. Fire Department Merit System"
Sec. 2-63 Establishment of Merit System.
(a) Pursuant to I.C., 36-8-3.5 et seq., a merit system is hereby established for the City of South
Bend Fire Department ("Department"). The merit system will be administered by a
Commission to be known as the South Bend Fire Department Merit Commission
("Commission"), pursuant to requirements set forth in I.C., 36-8-3.5 et seq. and this
Ordinance. Unless otherwise stated herein, the provisions of I.C., 36-8-3.5 et seq. will
govern the merit system and the Commission, as amended.
(b) Commissioners of the Merit Commission shall be appointed as set forth in I.C. 36-8-3.5-6,
as amended.
(c) The Board of Public Safety shall set the meeting, and establish applicable procedures, for
the election of Commissioners by the active members of the Fire Department as set forth in
I.C. 36-8-3.5-8, and is authorized to assist in the administration of the voting process in a
manner consistent with I.C. 36-8-3.5-8.
(d) The Board of Public Safety shall retain the power of selection, appointment, promotion,
demotion, disciplinary action, and dismissal of members of the City of South Bend Fire
Department,pursuant to Indiana law, including but not limited to Indiana Code 36-8-3-3,4,
and 4.1, until the Fire Merit Commission has adopted rules for these powers.
SECTION III. This Ordinance shall be effective from and of the date of adoption by the
Common Council, and approval by the Mayor.
4.1....4,4--(74 02, 2-4--
Council President
South Bend Common Council
Attest:
//
I
Bianca L. Tirado, hilAr
Clerk
Office of the Cityk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 14th day of January , 2025, at 12
o'clock p.m.
cfrO
Bianc✓L. Tirado, y Clerk
Office of the Cit erk II
Approved and signed by me on the 17 ~ day of J4nNt- , 2025, at l o'clock
t.m.
itik .-- -
Ja s Mueller, Mayor
C' y of South Bend, Indiana